outline of country assessment reports · development of monitoring instruments . for judicial and...

Development of Monitoring Instruments

for Judicial and Law Enforcement institutions in the Western Balkans

2009-2011

Programme Guidelines Kosovo under UNSCR 1244

With funding by the European Commission

CARDS Regional Action Programme

June 2010

Disclaimers This Report has not been formally edited. The contents of this publication do not necessarily reflect the views or policies of UNODC or contributory organizations and neither do they imply any endorsement. The designations employed and the presentation of material in this publication do not imply the expression of any opinion whatsoever on the part of UNODC concerning the legal status of any country, territory or city or its authorities, or concerning the delimitation of its frontiers or boundaries. Comments on this report are welcome and can be sent to: Statistics and Survey Section United Nations Office on Drugs and Crime PO Box 500 1400 Vienna Austria Tel: (+43) 1 26060 5475 Fax: (+43) 1 26060 7 5475 E-mail: [email protected] Website: www.unodc.org

Acknowledgements UNODC would like to thank the European Commission for the financial support provided for the preparation and publication of this report under the CARDS Regional Programme 2006. This report was produced under the responsibility of Statistics and Surveys Section (SASS) and Regional Programme Office for South Eastern Europe (RPOSEE) of the United Nations Office on Drugs and Crime (UNODC) based on research conducted during a research mission to Kosovo under UNSCR 1244 in March 2010 by UNODC and the Joint Research Centre on Transnational Crime (TRANSCRIME). Local research and organisation of research mission:

Lulzim Fushtica (local focal point) Research coordination and report preparation: TRANSCRIME: Luca Sbardelaro (research and drafting)

Ernesto Savona (research coordination) UNODC: Michael Jandl (report editor)

Steven Malby (research coordination) Anna Alvazzi del Frate (research coordination) Carla Ciavarella (project management) Angela Me (project management)

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Programme Guidelines Kosovo under UNSCR 1244

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1. Introduction and Background These programme guidelines have been written within the context of the project ‘Development of monitoring instruments for judicial and law enforcement institutions in the Western Balkans’ funded by the European Union CARDS Regional Action Programme. They provide a set of recommendations for the improvement of statistical systems on crime and criminal justice as well as on migration, asylum and visa. The guidelines presented here have been drafted on the basis of the Technical Assessment Report for Kosovo under UNSCR 1244 (UNODC, April 2010) and should be read in conjunction with that report. The Technical Assessment Report brings together information gathered during the on-site research mission to Pristina from 1 to 5 March 2010, which was carried out in close cooperation with local counterparts in the field of justice and home affairs (JHA) statistics.1 Like the Technical Assessment Report, the recommendations given here are presented by institution and must be read against the background of the relevant international and EU standards for the collection, analysis and use of JHA statistics. The gradual or step-wise adoption and implementation of the guidelines are a vital step towards bringing existing national statistics mechanisms towards compliance with relevant international and EU acquis, standards and best practices. To assist beneficiary countries and territories in achieving this aim, the project ‘Development of monitoring instruments for judicial and law enforcement institutions in the Western Balkans’ foresees a number of project activities. Tasks that have already been completed include a first desktop research study entitled ‘Background Research on Systems and Context. Justice and Home Affairs Statistics in the Western Balkans’ and a second study entitled ‘Developing standards in crime and criminal justice statistics – International and EU Acquis’ as well as the comprehensive Technical Assessment Reports mentioned above. Further project activities will comprise the development of regional indicators and targeted training and capacity building in the area of data collection and statistics for justice and home affairs institutions. The following guidelines systematically indicate potential areas for improvement, which constitutes a substantial project output in itself. They should furthermore help to prioritize training needs that should be addressed within the project, and to program further technical assistance and training activities that could be addressed by other technical assistance projects as well as to indicate areas for the further development of statistical systems in the medium to long term.

1 The research mission was carried out by the United Nations Office on Drugs and Crime (UNODC), in partnership with the Joint Research Centre on Transnational Crime (TRANSCRIME) and was supported by a local UNODC focal point in Kosovo UNSCR 1244 as well as the representative to the Advisory Steering Group to the project, Mr. Artan Duraku from the Ministry of Interior.

2. Crime and Criminal justice statistics 2.1. Police statistics

2.1.1. Introduction The following guidelines concern mainly police-recorded crime statistics.

2.1.2. Data input (recording of crimes) After recording every noteworthy incident in a book of daily events at the level of the municipal police station, an ‘initial case incident’ form is compiled and sent to the regional police directorates. Regional directorates then enter data into the ‘Kosovo Police Information system’ (KPIS) by case, and classify these as a crime or another incident. There are no written rules on the initial recording of criminal and other incidents. Police recording of personal characteristics of both suspected offenders and victims includes information on place and date of birth, sex, ethnicity and place of residence. In the ‘Kosovo Police Information System’ (KPIS), a unique ‘incident number’ is assigned to each case. This unique identifier is not shared by prosecution and courts. A separate number is not assigned to the suspected offender or known perpetrator. Recommendations Responsible

Institution 1. Written rules on the initial recording of crime incidents and

persons suspected of crimes should be elaborated and disseminated to all police stations. These written rules should both reflect relevant standards on incident and suspect recording and formalize practice within Kosovo under UNSCR 1244 to ensure the full recording of all required information at the initial stage.

Police/Department of Crime Analysis and Statistics

2. Information recorded in the ‘initial case incident’ form and the KPIS should be supplemented by records on the offender-victim relationship and records on recidivism.


3. Consideration should be given as to whether the KPIS should include a specific field identifying organized crime cases in accordance with relevant international and regional definitions, as well as the Organized Crime Section of the Kosovo Police that is responsible for managing the case (FIU, THBS, NIS, IS).

Police/Organized Crime Department

4. As per recommendations Nr. 13 and Nr. 22, a tripartite working group with experts from the police, prosecution and court systems may consider whether and how an integrated file number (IFN) system could be introduced and extended to all criminal justice institutions. In line with good practice described by the United Nations Manual for the Development of a System of Criminal Justice Statistics, the introduction of an IFN to track persons and cases throughout the criminal justice system should be considered. In this respect,

Police/Department of Crime Analysis and Statistics Police/ Organized Crime Department Ministry of Justice/ Office of Statistics on Prosecution

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discussions of the working group could commence with consideration of the existing file number systems used by KPIS, prosecution and courts. Special consideration may also be given as to whether the separate databases of the Organized Crime Department should be supplemented by person-based unit records from prosecution and courts.

Kosovo Judicial Council

2.1.3. Data flow

Based on the information recorded in the KPIS, monthly reports are compiled on the level of the regional directorates. At this level, data are sent monthly to the Directorate of Crime Analysis where the district level reports are aggregated at the central level. When counting multiple offences in crime statistics, a principal offence rule is not applied and each offence is counted separately. At the same time, all perpetrators involved in multiple offences are counted separately for each offence committed (double counting). There are thus no available data on unique perpetrators at the aggregate level. Since 2008, no new cases of organized crime have been reported to the Organised Crime Department by the regional authorities of North Mitrovica. In addition, specific cases investigated under EULEX executive authority are not included in the KPIS, such as cases on war crimes and some organized crime cases. At present, there are no updated written rules disseminated to the local and regional levels on the recording and counting of criminal offences and suspects. Recommendations Responsible

Institution 5. Clear procedures and counting rules for the aggregation of

individual offence and suspect records should be elaborated to clearly set out counting rules to be applied in the case of multiple offences and suspects. For statistical purposes, the adoption of a ‘principal offence rule’ for person-based statistics (and possibly also for the number of offences) may be considered.


6. In order to achieve a full territorial coverage of statistics on organized crime in Kosovo under UNSCR 1244 a task force involving all relevant actors should be established at the technical level with the mandate to elaborate standards and procedures for the transmission of organized crime data to a central institution.

Department of Crime Analysis and Statistics police in North Mitrovica UNMIK/EULEX

7. In addition to achieving a full territorial coverage of crime statistics in Kosovo under UNSCR 1244, consideration should be given on establishing standard procedures for entering all criminal cases investigated under EULEX executive authority in the KPIS.

Police/Department of Crime Analysis and Statistics UNMIK/EULEX

2.1.4. Output (production of statistics) The Directorate of Crime Analysis reports both on a monthly and yearly basis to the MoIA, the Police Director and to EULEX advisors in charge of police monitoring

activities. Reports contain the number of offences by chapter of the Criminal Code and by region; the number of suspects, arrestees and victims by ethnicity (Albanian, Serbs, Roma, other); monthly murders compared with the same period of the previous year by region; the number of potentially ethnically motivated incidents (PEMI) by regions, the number of PEMI victims by ethnicity and the offence type that might be considered as potentially ethnically motivated. Some of the reported statistics are published in the Annual Report on the Work of the Police, which is available online in Albanian and in Serbian. Recommendations Responsible

Institution 8. Crime categories used for reporting should be reviewed in

light of those used in regional and international reporting on crime and criminal justice. In addition to existing statistical breakdowns by ethnicity, reported statistics on criminal offenders should be disaggregated by crime type, age, sex and citizenship. Statistics on victims of crime should also be disaggregated by crime type, age, sex, citizenship and victim-offender relationship.


9. Published statistics should be accompanied by thorough interpretations of statistical patterns and trends as well as detailed metadata. More extensive use of the internet for the dissemination of detailed crime statistics in the form of standard tabulations should be considered.


10. Consideration should be given to clearly separate reported data on criminal incidents from data on other incidents not considered as ‘crimes’ (such as misdemeanours and other incidents).


2.2. Prosecution statistics

2.2.1. Introduction The following guidelines concern mainly prosecution statistics.

2.2.2. Data input (recording of crimes) Every prosecutor’s office records data on criminal offences and perpetrators reported to the office by the police, citizens or other institutions in one of six standard registries. The two main registries record information on each case and on each prosecuted person for known adults and know juveniles, respectively. All registries are filled in and stored on paper. Registries record criminal incidents by case (with a case number assigned to each case) and by prosecuted person. When a case is recorded in the prosecution registries, an unique identifying number is assigned to each case (incident number) as well as to each prosecuted person. A new case number is assigned in the registry of second instance procedures. The case file numbers assigned by prosecution are not shared by other criminal justice actors (police and courts).

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Recommendations Responsible Institution

11. Person-based records should also include information on the sex, age, citizenship, ethnicity and geographical area of residence of prosecuted persons, as well as the offender-victim relationship.

Ministry of Justice/ Office of Statistics on Prosecution

12. An evaluation study of the case management software ‘SMILE’, currently under testing in Gjilan, should determine whether the software is also capable of producing required statistical outputs. The results of the study should be reflected in the further development of the software prior to roll-out in all prosecution offices in Kosovo under UNSCR 1244.


13. As per recommendation Nr. 4 and Nr. 22, a tripartite working group with experts from the police, prosecution and court systems may consider whether and how an integrated file number (IFN) system could be introduced and extended to all criminal justice institutions. In line with good practice described by the United Nations Manual for the Development of a System of Criminal Justice Statistics, the introduction of an IFN to track persons and cases throughout the criminal justice system should be considered. In this respect, discussions of the working group could commence with consideration of the existing file number systems used by KPIS, prosecution and courts. As a first step, the introduction of a registration system assigning unique file numbers at all levels of the judicial system (first and second instance procedures) should be considered.

Police Ministry of Justice/ Office of Statistics on Prosecution Kosovo Judicial Council

2.2.3. Data flow Information from the prosecution offices’ registries is aggregated and entered into standard forms (tables) manually. In addition to these forms, prosecutor’s offices have to compile two reports on the work of prosecutors in handling criminal reports and on the number of accused persons newly received and in process by criminal offences. Forms and reports are compiled and forwarded by email to the central Office of Statistics on Prosecution on a quarterly basis. There are no data sent from prosecution offices to the Statistical Office of Kosovo. Since 2008, the municipal prosecutor’s office and the district prosecutor’s office in North Mitrovica do not submit any prosecution statistics to the central Office of Statistics on Prosecution. Recommendations Responsible

Institution 14. In order to achieve a full coverage of prosecution statistics in

Kosovo under UNSCR 1244 a task force involving all relevant actors should be established at the technical level with the mandate to elaborate standards and procedures for the transmission of prosecution data to a central institution.

Ministry of Justice/ Office of Statistics on Prosecution District prosecutor’s office in North Mitrovica

EULEX/UNMIK 15. In the medium term, the universal implementation of the case

management software ‘SMILE’, currently under testing in Gjilan, could lead to significant gains in efficiency and timeliness of statistical data. The above mentioned evaluation study (Recommendation Nr. 12) should also consider the potential impact of this system on the data flow between the prosecution offices and the central Office of Statistics on Prosecution.


16. In addition to its internal reporting, the Office of Statistics on Prosecution should coordinate with the Statistical Office of Kosovo to establish a regular data flow of unit records from prosecution offices to the SOK for tabulation and publication in their two annual publications on ‘Statistics of jurisprudence for adult persons’) and ‘Jurisprudence statistics for juveniles and persons convicted for minor offences’. A memorandum of understanding between the SOK and the Ministry of Justice could specify the nature and standards of the data to be supplied to the SOK.

Ministry of Justice/ Office of Statistics on Prosecution Statistical Office of Kosovo

2.2.4. Output (production of statistics)

2.2.4.1. Data validation and statistical analysis of data

The Office of Statistics on Prosecution is charged with validating data received from prosecutor’s offices. Three types of analysis are carried out by the Office: one for cases, one for persons, and one for persons in resolved cases. Prosecution performance indicators, such as the prosecutors’ workload and efficiency in solving criminal reports are produced using internal resource data, such as the number of staff. Prosecution data are published in the Annual Report, which is at present available in hardcopy and in electronic form on their website in Albanian and English. Recommendations Responsible

Institution 17. To facilitate dissemination, the Office of Statistics on

Prosecution should consider publishing its Annual Report on its website in Albanian, Serbian and English.


18. Consideration should be given to making fuller use of the wealth of data collected by prosecution offices in Kosovo under UNSCR 1244. More specifically, the Office of Statistics on Prosecution and the SOK may consider entering into a partnership with academic researchers in order to promote in-depth analysis of available data that enhance the knowledge base for policy makers and criminal justice practitioners.

Office of Statistics on Prosecution SOK

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2.3. Courts statistics

2.3.1. Introduction The following guidelines concern mainly court data.

2.3.2. Data input (recording of crimes) Standard registries for data recording are kept and used consistently by all municipal, district and other courts, including one for adults and one for minors charged. The core information contained in the registries is basically the same. The ‘K’ registry on adults records data on who submitted the case, personal details on the person charged (name, surname, address, date of birth, citizenship, father’s name, profession), criminal offence by article of the Kosovo Criminal Code and other applicable laws, data on the sentence, data on appeal and other data. The core information contained in the ‘KM’ registry for minors is basically the same, but some more details on proceedings in juvenile justice cases are recorded. The ‘KM’ registry is outdated since the juvenile justice law has been substantially modified in the last years. No information on whether the person charged was a recidivist is recorded, since there is no central register of criminal sentences in Kosovo under UNSCR 1244.2 The court registries are available both on paper and, with the same information, in electronic form in the ‘Case Management System’ (CMS). However, the CMS is not used for producing statistics or data analysis but only for storing information. One particular problem with the CMS system is that while some 80% of judges have been trained in using the electronic CMS, only around 30% of the courts are actually using it. When a case is recorded in the court registry, an unique identifying number is assigned to the case file instead of to the person charged. Personal details are noted down in different lines under the same case. Regarding the data collection by the Statistical Office of Kosovo, each form sent to the SOK contains the case identifying number referring to the courts registry and a serial number of each statistical form. The case file number used by the court is not shared by other criminal justice actors (police and prosecution). Recommendations Responsible

Institution 19. In order to align current court data recording practices with

practical data requirements and international standards, the recording methodology of the courts may be reviewed to ensure that court registries record details of age; sex; ethnicity; offender-victim relationship; citizenship and geographical area of residence of persons charged.

Kosovo Judicial Council (KJC)/ Statistical Department

20. Information on recidivism is of great importance for the criminal justice system, both on the individual and aggregate level. It is therefore recommended that the Kosovo Judicial Council undertakes a feasibility study on how to establish and regularly update a central database of persons convicted for criminal offences in Kosovo under

KJC

2 The field on personal data does not contain information on recidivism, since there is no central database on sentences pronounced by all courts. At present it is only possible to perform a query in the electronic or paper registry of each single municipal or district court, according to the name of the charged person, thereby understanding whether the person queried has been convicted in the same court before.

UNSCR 1244. 21. The introduction of a registration system assigning unique

file numbers that remain the same at each level of the judicial system (district courts, appeal courts, Supreme Courts) should be considered.

KJC Statistical Department

22. As per recommendations No. 4 and No. 13, the Kosovo Judicial Council may wish to consider the introduction of an integrated file number (IFN) through its participation in the work of the Tripartite Commission. In line with good practice described by the United Nations Manual for the Development of a System of Criminal Justice Statistics, the introduction of an IFN to track persons and cases throughout the criminal justice system is recommended.

Police Ministry of Justice/ Office of Statistics on Prosecution Kosovo Judicial Council

2.3.3. Data flow Each court manually compiles standard statistical tables which are sent to the Kosovo Judicial Council (KJC) every month. These data concern cases and procedures handled by the courts. In addition, all courts acting as first instance courts send unit records on final decisions on accused persons (including the appeal stage if applicable) to the KJC every three months, from where they are forwarded to the Statistical Office of Kosovo (SOK) for tabulation. There are two standard statistical forms, one for adults and one for minors. Courts all over the territory submit their statistical tables for the KJC and their unit records on accused persons for the SOK, with the notable exceptions (since 2008) of the district court in North Mitrovica and the municipal courts in North Mitrovica, Zubin Potok, Leposaviq and Strpce. Recommendations Responsible

Institution 23. The Statistical Office of Kosovo (SOK) may consider to

update the standard statistical forms used for adults and minors. Details to be recorded in these forms should be the charge or charges assigned to each person (by relevant chapter and articles of the KCC and other applicable laws) and the final court disposition (acquittal or conviction and sentencing details). Person records should contain further details of age; sex; ethnicity; offender-victim relationship; citizenship and geographical area of residence.

Statistical Office of Kosovo Kosovo Judicial Council (KJC)

24. In order to allow further measurement of the criminal justice system response, aggregate statistics provided by the courts to the Kosovo Judicial Council should include a breakdown of the reported cases by all articles of the Criminal Code. To avoid unnecessary paperwork and to increase efficiency and timeliness when aggregating tables from the courts, an improved workflow through the electronic submission and aggregation of tables could be considered.

Kosovo Judicial Council (KJC)/ Statistical Department Courts

25. To increase efficiency and timeliness of statistical data collection from court registries, the Kosovo Judicial Council (KJC) may consider to carry out a feasibility study on the use of the electronic Case Management Systems for the

Kosovo Judicial Council (KJC)/ Statistical Department

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recording and transmission of unit records to the KJC and the Statistical Office of Kosovo (SOK) for statistical purposes.

Statistical Office of Kosovo

26. A joint task force of SOK and the KJC may be established with the task to examine the regular data flow between administrative offices at the courts and SOK so as to ensure complete coverage of all first instance courts. Consideration may be given to the introduction of a system that requires a written remark on data submission to be entered in the court file, before the file can officially be closed.

Kosovo Judicial Council (KJC)/ Statistical Department Statistical Office of Kosovo

27. In order to achieve a full coverage of court statistics in Kosovo under UNSCR 1244 a task force involving all relevant actors should be established at the technical level with the mandate to elaborate standards and procedures for the transmission of court data to a central institution.

Kosovo Judicial Council (KJC)/ Statistical Dep. District court in North Mitrovica EULEX/UNMIK

2.3.4. Output (production of statistics)

Data collected from courts are checked by the Department of Statistics of the KJC. Data analysis consists of calculation of performance indicators per judge as well as per second instance court, using some resource data. The Department of Statistics produces Quarterly and Annual Reports, which are available online in Albanian, English and Serbian. The SOK performs some limited data validation and analysis as well. Court statistics collected by the SOK are published annually in two publications, one for adults (‘Statistics of jurisprudence for adult persons’) and one for both minors and minor offences (‘Jurisprudence statistics for juveniles and persons convicted for minor offences’). Both reports are available online on the website of the SOK in three languages: Albanian, English and Serbian. A new quarterly report is planned for 2010. Recommendations Responsible

Institution 28. Reported statistics on persons accused in court should also

contain details of age; the offender-victim relationship; and the geographical area of residence.

KJC/ Statistical Department Statistical Office of Kosovo

29. Consideration should be given to making fuller use of the wealth of data collected by the courts in Kosovo under UNSCR 1244 (e.g. on the duration of trials). More specifically, the Kosovo Judicial Council and SOK may consider entering into a partnership with academics and researchers in order to promote in-depth analysis of available data. Available criminal justice data could also be used for the production of thematic reports on specific topics of interest (e.g. on juvenile justice, drug-related crime, organized crime) to enhance the knowledge base for policy makers and criminal justice practitioners.

KJC/ Statistical Department Statistical Office of Kosovo

2.4. Statistics on Money laundering The Financial Intelligence Centre (FIC) collects reports on suspicious transactions, as well as cash transactions over a EUR 10,000,- threshold from the obligated reporting agencies in an electronic database. In reporting information to the FIC, reporting entities electronically compile and submit standard forms on individual cases. There are two standard forms for reporting, the Cash Transaction Report (CTR) and the Suspicious Activity Report (SAR). No reports on non-financial transactions (over a certain monetary value) are collected from reporting entities. The FIC does not receive any data from prosecution or courts on the commencement or outcomes of judicial proceedings concerning anti-money laundering activities. The FIC produces quarterly statistical reports, which are sent to the Head of the EULEX Mission for internal use only. No Annual Reports are produced and no data are published for a wider public. Recommendations Responsible

Institution 30. In aligning the activities of the Financial Intelligence Centre

(FIC) to the requirements of the 3rd EU Anti-Money Laundering Directive and the standards of the Egmont Group, consideration should be given to include in any forthcoming legislation reporting obligations on non-financial transactions over a certain monetary value for certain reporting entities.

Financial Intelligence Centre (FIC) EULEX

31. In order to provide a comprehensive overview of the judicial results of its activities, a regular inter-agency exchange of information between the FIC, the Ministry of Justice’s Office of Statistics on Prosecution and the Kosovo Judicial Council should be established, possibly through concluding memoranda of understanding. Relevant agreements should also be established with agencies responsible for the collection of non-criminal justice data on money-laundering for future reporting at the EU level, taking into account especially the nine money-laundering indicators published by Eurostat in 2010.

Financial Intelligence Centre (FIC) EULEX Ministry of Justice Office of Statistics on Prosecution Kosovo Judicial Council

32. Relevant data to be regularly transmitted to the FIC include the number of cases initiated by law enforcement agencies on the basis of SARs sent by the FIC, the number of cases brought to prosecution as well as person-based data on the number of persons/ legal entities convicted for money laundering offences and the number of sentences by type.

FIC/ EULEX Ministry of Justice Office of Statistics on Prosecution Kosovo Judicial Council

33. It is good practice for established Financial Intelligence Units worldwide to produce an Annual Report in local language and English that is made available to the interested public for download on the internet. The FIC should therefore consider the production of such an Annual Report on its activities, the number of CTRs and SARs received, the number of SARs forwarded to prosecution and other authorities and the commencement and outcome of judicial proceedings concerning anti-money laundering activities.

Financial Intelligence Centre (FIC) EULEX

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2.5. Statistics on Trafficking in Persons Since 2009, statistics on trafficking in persons (TIP) are collected by the ‘National Coordinator for Anti-Trafficking’ (NCAT) and the Trafficking in Human Beings Investigation Section (THBS) of the police. The NCAT receives person-based unit records on perpetrators and victims of TIP from police, prosecutor’s offices and districts courts as well as from victim support organizations and shelters. The data are recorded two special electronic databases (one on victims and one on traffickers) set up with the support of ICMPD. The NCAT performs analysis of data received and sends monthly and annual statistical reports to the Ministry of Internal Affairs, the Ministry of Justice, EULEX and the EU-Delegation in Kosovo under UNSCR 1244 and other agencies. Statistics in the Annual Report of the NCAT are published online in Albanian, English and Serbian. Recommendations Responsible

Institution 34. It is good practice for the designated National Coordinators

on Trafficking in Persons to produce an Annual Report in local language and English that is made available to the interested public for download on the internet. In line with the development of THB indicators at EU level, it is recommended to publish such a report with detailed person-based data on the number of identified victims and suspected traffickers as well as the number of persons prosecuted and convicted, with appropriate disaggregations (by sex; age; citizenship, country of birth, type of exploitation, etc.).

‘National Coordinator for Anti-Trafficking’ (NCAT)

2.6. Statistics on crimes involving racism and xenophobia Crimes involving racism and xenophobia and other hate motives are partially covered by the Criminal Code (Art. 115 on ‘Inciting National, Racial, Religious or Ethnic Hatred, Discord or Intolerance’ and Art. 158 on ‘Violating the Equal Status of Residents of Kosovo’) as well as several other criminal provisions in relevant laws and UNMIK regulations and are counted as offences under these articles. No special statistics are reported on crimes committed under aggravating circumstances with a racist, xenophobic or other hate motive. Since 2006, a special statistical category for police-recorded crime, the so-called ‘Potentially Ethnically Motivated Incidents’ (PEMI) are reported in a separate chapter of the Annual Report of the police. PEMI incidents are reported disaggregated by regions and by offence type, while suspects and victims of PEMIs are reported by ethnicity. There are serious concerns about shortcomings in the use of PEMI as an indicator for ethnically motivated crimes. Recommendations Responsible

Institution 35. Consideration should be given to modify the recording and

reporting of the so-called ‘Potentially Ethnically Motivated Kosovo Police Ministry of Interior

Incidents’ (PEMI). It is recommended to establish a task force at the technical level with experts from all relevant institutions and the mandate to elaborate an improved definition and counting procedure for crimes involving racism, xenophobia and other hate motives.

Ministry of Justice Prime Minister’s office UNMIK/ EULEX EC Liaison Office OSCE

36. In view of the established definition of ‘hate crimes’ as any crimes committed with a ‘hate motive’ directed at a specific group of persons, a feasibility study on introducing the motive of committing a crime into police and judicial records should be considered. The feasibility study may further consider the possibilities for including standard counting rules and procedures for crimes involving racism, xenophobia and other hate motives into judicial training courses provided by the Kosovo Judicial Institute.

Kosovo Police Ministry of Interior Kosovo Judicial Council Kosovo Judicial Institute

37. For the collection and reporting of statistics on crimes with a racist, xenophobic or other hate motive the designation of an appropriate focal point may be considered. Institutionally, such a focal point could be linked either to the Deputy Director General in charge of Human Rights and Gender Equality in the Kosovo Police; the Human Rights Office in the Ministry of Interior; or the Office for Human Rights and Gender Equality in the Prime Minister’s Office.

Kosovo Police Ministry of Interior /Human Rights Office Prime Minister’s Office / Office for Human Rights and Gender Equality

38. To establish baseline data, the designated focal point should carry out a pilot data collection on hate crimes recorded in police, prosecution and court data.

Office for Human Rights

3. International Reporting of crime and criminal justice data

Up to 2010, Kosovo under UNSCR 1244 has not been covered either by Eurostat’s data collection efforts in the field of crime and criminal justice or the United Nations Survey of Crime Trends and Operations of Criminal Justice Systems (UN-CTS). The production and reporting of data on crime and criminal justice is dispersed among several criminal justice actors (Ministry of Interior, Ministry of Justice and Kosovo Judicial Council) and the Statistical Office of Kosovo (SOK). There is a need of better coordination for reporting at the regional and international levels. At the moment, the Sector for Jurisprudence at the Statistical Office of Kosovo receives data only from courts through the Kosovo Judicial Council. Regular cooperation with the Office for Statistics on Prosecution has not yet been established. SOK does not receive data from the police. Recommendations Responsible

Institution 39. Consideration should be given to the appointment of a

single contact point for the reporting of all crime and criminal justice data at the central, regional and international levels.

Kosovo Police Ministry of Interior Kosovo Judicial Council Statistical Office of

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Kosovo/ Sector for Jurisprudence

40. In order to concentrate the current dispersed data collection, the SOK may explore options for receiving and tabulating crime and criminal justice statistics from prosecution and from the police for regular publication in its two annual publications on ‘Statistics of jurisprudence for adult persons’) and ‘Jurisprudence statistics for juveniles and persons convicted for minor offences’.

Ministry of Interior Kosovo Police Ministry of Justice Kosovo Judicial Council Statistical Office of Kosovo

4. Migration statistics

4.1.1.1. Introduction The following guidelines concern mainly migration data.

4.1.1.2. Data on stocks and flows of immigrants and emigrants Overall, the state of data collection on migration in Kosovo under UNSCR 1244 is still in the early phase of development. There are no reliable data on either stocks or flows of immigrants and only the residence permits database can supply certain statistics on foreigners in Kosovo under UNSCR 1244. Recommendations Responsible

Institution 41. In line with EU statistical requirements and UN

recommendations3, data on the flow of immigrants and emigrants (both citizens and foreigners) should be recorded and regularly reported, disaggregated by sex; age; citizenship; country of birth and country of previous or next residence.

Ministry of the Interior Statistical Office of Kosovo

42. To identify the best practical options for recording both stocks and flows of immigrants and emigrants, a working group of experts from the Ministry of Interior and the State Statistical Office may consider whether the local civil registries could register details of resident foreigners while excluding persons no longer resident in Kosovo under UNSCR 1244.


43. As a first step, and to create a baseline of detailed records, the working group of experts should evaluate whether the next population census could be used to enumerate foreigners and foreign-born having their usual place of residence (for more than 12 months) in Kosovo under UNSCR 1244.4


3 United Nations (1998), Recommendations on Statistics of International Migration, New York, UN (Revision 1. Statistical Papers, no. 58, Rev. 1 Sales no. E.98.XVII.14). Regulation (EC) No 862/2007 of the European Parliament and of the Council of 11 July 2007 on Community statistics on migration and international protection and repealing Council Regulation (EEC) No 311/76 on the compilation of statistics on foreign workers. 4 For definitions and recommendations regarding census implementation see UNECE (2006): Conference of European Statisticians Recommendations for the 2010 Censuses of Population and Housing. Available at: http://unstats.un.org/unsd/censuskb/article.aspx?id=10219

44. Subject to the recommendations of the working group, the next population census should include a special question module for enumerated foreigners/foreign-born providing details on their sex; age group; citizenship; country of birth; and country of previous residence.


4.1.1.3. Residence permit data

Since 2009, foreigners have to obtain a residence permit if they want to reside in Kosovo under UNSCR 1244 for more than 90 days. To do so, foreigners have to submit an application form with personal details and all required documents to the Division for Migration (DM) at the Ministry of Interior, which can issue temporary residence permits with a validity of a maximum period of one year or permanent residence permits. When the residence permit application has been checked and approved, the personal details of the applicant are entered into an electronic database as a unit record. From the database, statistics on residence permits are extracted. Only a limited amount of statistical information on residence permits is made publicly available in the Annual Report of the Ministry of Interior. Recommendations Responsible

Institution 45. The publication of residence permit data on the Ministry of

Interior website should be considered with a detailed disaggregation of stock and flow data (including by citizenship, permit type and duration). Such data should be updated on a regular basis.

Ministry of the Interior

46. In line with EU statistical requirements, data should also be reported on the stock of valid temporary and permanent residence permits at the end of each year (by citizenship; type; and duration) and on the number of changes in residence permits (by reason; and citizenship).


4.1.1.4. Updating of records and registers Data on residence permits recorded in the residence permits database of the MoI are not systematically updated when someone leaves the territory or changes her/his status. The so-called PAISS system records entries and exits at border crossing points (BCPs). At present the system is not implemented at Gates 1 and Gates 31 in Northern Kosovo. The entry-exit records could be used for updating the residence permits database regarding foreigners who have already left the territory. Recommendations Responsible

Institution 47. The feasibility and costs of developing a system for regular

updates of the residence permits database with information from other administrative records and databases (including entry-exit records from the PAISS system and data on acquisition of citizenship) should be assessed.


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4.1.1.5. Data on the prevention of illegal migration

Persons who do not fulfil the conditions for legally entering Kosovo under UNSCR 1244 can be refused entry. In this case the Border Police makes a detailed record of the case and enters the data into an electronic database (Excel sheet) and the online PAISS system. The Border Police further keeps records on persons who have been returned to Kosovo under UNSCR 1244 under existing readmission agreements with other countries (distinguishing between forced returns and voluntary returns) and on persons deported from Kosovo under UNSCR 1244. Furthermore, records are made of persons detected while staying in Kosovo under UNSCR 1244 for more than 90 days without obtaining a residence permit. Cases of persons detected during illegal entry are recorded like other criminal offences in the Kosovo Police Information System (KPIS). Statistics on persons rejected, returned and detected during illegal stay are reported in the Annual Report of the Border Police. Recommendations Responsible

Institution 48. Data on refused entry at the border should be reported

disaggregated by age and sex. Ministry of the Interior

49. Data on illegal entry and illegal residence should be reported disaggregated by age; sex; citizenship; grounds for apprehension; and place of apprehension.


50. Data on removal of foreigners should be divided into the number of persons issued with an order to leave the territory and the number of persons who actually left the territory following an order to leave and both should be disaggregated by age; sex; citizenship; and reason for the order.


4.1.1.6. Data on facilitated illegal migration Both illegal migration and migrant smuggling are criminal offences in Kosovo under UNSCR 1244 (Article 114 and Article 138 of the Criminal Code). Cases of migrant smuggling are then recorded like cases of illegal entry and other criminal offences in the Kosovo Police Information System (KPIS). No separate records on smuggled persons (facilitated aliens) are kept in the KPIS. However, such records are made by the Border Police and statistics on smuggled persons are reported in the Annual Report of the Border Police. Recommendations Responsible

Institution 51. In order to supply harmonised data to the CIREFI database,

data on the number of apprehended facilitators (migrant smugglers) should be collected and compiled by citizenship, together with data on the number of apprehended facilitated aliens (smuggled migrants) by citizenship and type of border entered (land, sea or air) in one central institution.


5. Asylum statistics

5.1.1.1. Introduction The following guidelines concern mainly data on asylum.

5.1.1.2. Data input The Section for Asylum in the Ministry of Interior assumed the competencies for dealing with asylum applications from UNHCR in 2009. It is currently building up its statistical database on asylum. At the moment, the Section for Asylum records all personal details of the applicant in unit records but no data on the asylum process. Recommendations Responsible

Institution 52. Building on the current recording system, a uniform recording

and reporting procedure on asylum should be established that collects all information on case disposition and first and second instance decisions for each applicant in a unit record.

Ministry of the Interior/ Section for Asylum

53. To establish a uniform recording and reporting system on asylum, a working group may be established that consists of the Section for Asylum within the Department for Citizenship, Asylum and Migration, the Centre for Asylum and the ‘National Commission for Refugees’ as the competent second instance body. This working group could define the applicable templates and forms to be used and establish the standard reporting channels for the information flow on asylum data.

Section for Asylum Centre for Asylum ‘National Commission for Refugees’

5.1.1.3. Stock and flow data At present, the Section for Asylum keeps a simple list with personal details of applicants but no information on first and second instance decisions. It is planned that the statistics on asylum applicants by citizenship will be published in the Annual Report of the Ministry of the Interior on its website. Recommendations Responsible

Institution 54. In order to improve statistical reporting, standard tables on

asylum applications and decisions should be designed and used for the reporting of asylum applications and decisions, disaggregated by sex, age, citizenship and type of decision. Reported data should also include the number (stock) of persons with open asylum applications at the end of the year (by sex; age; and citizenship).


55. Dissemination of data on asylum applications could be made available monthly, in Albanian, Serbian and English, on the website of the Ministry of Interior.


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6. Visa statistics

6.1.1.1. Institutions responsible for data collection and management The following set of guidelines concern mainly visa data.

6.1.1.2. Data input and outputs At present, Kosovo under UNSCR 1244 does not have a visa regime in place and no visas have been issued by the authorities. Therefore, there are no data recording and reporting structures on visas in place. Recommendations Responsible

Institution 56. Once Kosovo under UNSCR 1244 has adopted a visa

regime, the following visa indicators should be considered for regular compilation and publication on the Ministry of Interior website:

• stock of persons with valid visa (by citizenship and type and duration of visa)

• number of visa applications (by citizenship and country of application) per year

• number of visas granted (by citizenship, country of application, type and duration of visa) per year

• number of visas refused (by citizenship, country of application, type and duration of visa and reasons for refusal).


7. Victimization surveys The following set of guidelines concern survey based crime data.

7.1.1.1. The role of crime victimization surveys The Statistical Office of Kosovo (SOK) has not carried out any crime victimization survey in Kosovo under UNSCR 1244 yet. Recommendations Responsible

Institution 57. Discussions should be held on the feasibility of conducting a

representative crime victimization survey in Kosovo under UNSCR 1244. Options for funding and implementation of such a survey should be explored.

Ministry of the Interior SOK

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8. Training Needs for Priority Consideration The following guidelines and recommendations are considered a priority by …………………………………………………………… (enter your institutional affiliation) for the further development of JHA statistics in Kosovo under UNSCR 1244 and should therefore be part of the training activities within the project “Development of Monitoring Instruments for Judicial and Law Enforcement Institutions in the Western Balkans”: (please tick the boxes and enter specific recommendations under ‘Notes’ below) Priority to be given: Can be implemented in: Recommendations provided under: High Medium Low Short term Medium term Long term

Police statistics 2.1.2. Data input 2.1.3. Data flow 2.1.4. Data output

Prosecution statistics 2.2.2. Data input 2.2.3. Data flow 2.2.4. Data output

Court statistics 2.3.2. Data input 2.3.3. Data flow 2.3.4. Data output

Special statistics 2.4. Statistics on Money laundering 2.5. Statistics on Trafficking in Persons

2.6. Statistics on Crimes involving racism and xenophobia

Reporting at international level 3.1.1.1. Reporting of data at European level

3.1.1.2. Reporting of data at UN level

3.1.2.1. Focal point for crime and criminal justice statistics

Notes:

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Priority to be given: Can be implemented in: Recommendations provided under: High Medium Low Short term Medium term Long term

Migration Statistics 4.1.1.2. Data on stocks and flows of immigrants and emigrants

4.1.1.3. Residence permit data 4.1.1.4. Updating of records and registers

4.1.1.5. Data on the prevention of illegal migration

4.1.1.6. Data on facilitated illegal migration

Asylum Statistics 5.1.1.2. Data input 5.1.1.3. Stock and flow data

Visa Statistics 6.1.1.2. Data input and outputs Notes:

Disclaimers AcknowledgementsLocal research and organisation of research mission:Research coordination and report preparation:1. Introduction and Background2. Crime and Criminal justice statistics3. International Reporting of crime and criminal justice data4. Migration statistics5. Asylum statistics6. Visa statistics7. Victimization surveys8. Training Needs for Priority Consideration

outline of country assessment reports · development of monitoring instruments . for judicial and...

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